The ELPAC Report January 2001

On January 16, 2001, the U.S. Supreme Court will consider whether Alabama can offer its driver license examination in English. The case, known as Alexander v. Sandoval, tests whether offering government services and benefits only in English violates federal anti-discrimination law. A final decision is expected by June.

Martha Sandoval, a legal immigrant from Mexico who could not speak English well, claimed that Alabama’s English-language driver’s license test discriminated against her. She said that, because Alabama received federal transportation funds, the state had to provide services in any language an applicant requested. Alabama replied that it had problems with cheating and safety when it gave multilingual exams, and that its voters had overwhelmingly declared English the official language of the state.

Sandoval won in the lower federal courts, which held that a person’s language was the same as the person’s "national origin." National origin (or ancestry) is protected by federal anti- discrimination laws, and the new court decisions opened up all language-related policies to discrimination lawsuits. More than a dozen other federal courts over twenty years had rejected the idea that a person’s national origin was the same as the person’s language.

The Supreme Court decided to review the case on an expedited basis to clarify whether Sandoval could sue Alabama under the civil rights laws. A variety of organizations have already filed friend of the court briefs supporting Alabama, including Pro-English, English First Foundation and the Center for American Unity, which joined with 14 Members of Congress to submit a brief authored by ELPAC Chairman Barnaby Zall. Other supporters of Alabama include the National Collegiate Athletic Association (NCAA), the largest African-American products manufacturer, and various state officials.

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